Patrick Coe v Ostwald Bros Pty Ltd

[2014] FWC 4937

[2014] FWC 4937

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Patrick Coe
v
Ostwald Bros Pty Ltd
(U2014/10300)

COMMISSIONER WILSON MELBOURNE, 23 JULY 2014

Application for relief from unfair dismissal.

[1] On 24 June 2014, Mr Patrick Coe made an application using the Form F1 - Application (No Specific Form Provided) relying on sections 394 of the Fair Work Act 2009 (the Act).

[2] On 25 June 2014, the Fair Work Commission (the Commission) advised Mr Coe, by email correspondence, that should he wish to make an application pursuant to section 394 of the Act, he would need to complete a Form F2 - Unfair Dismissal Application. The letter informed Mr Coe that in the absence of any advice from him within 14 days, that his application may be dismissed.

[3] Mr Coe was also advised that his application required payment of the filing fee or a completed waiver form if he wished to proceed with his application.

[4] On 4 July 2014 and 14 July 2014, the Commission forwarded email correspondence to Mr Coe in relation to the correspondence dated 25 June 2014.

[5] On 18 July 2014 and 23 July 2014, attempts to contact Mr Coe by phone were unsuccessful.

[6] Section 395, which deals with application fees, provides:

395 Application fees

(1) An application to the FWC under this Division must be accompanied by any fee prescribed by the regulations.

(2) The regulations may prescribe:

(a) a fee for making an application to the FWC under this Division; and

(b) a method for indexing the fee; and

(c) the circumstances in which all or part of the fee may be waived or refunded.

[7] No response was received from Mr Coe and payment of the required fee has not been made.

[8] Section 587(1) of the Act provides:

587 Dismissing applications

(1) Without limiting when the FWC may dismiss an application, the FWC may dismiss an application if:

(a) the application is not made in accordance with this Act; or

(b) the application is frivolous or vexatious; or

(c) the application has no reasonable prospects of success.

[9] Having regard to the circumstances of this matter, I am satisfied that as the application was not accompanied by the fee prescribed by the Act, the application was not made in accordance with the Act. As such, the application is dismissed pursuant to s.587(1)(a) of the Act. An Order to this effect will be issued shortly.

COMMISSIONER

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